Man arrested for selling IMPEACH HIM buttons

[proud2BlibKansan]

Activist Arrested In Dispute Over Hot-Button Sales At Public Market

By Matt Zapotosky
Washington Post Staff Writer
Sunday, July 22, 2007; Page C04

The 74-year-old retired mathematician who is fighting Kensington officials over his right to sell buttons urging President Bush's impeachment was arrested yesterday at a farmers market and charged with trespassing.

Alan McConnell, who had been selling his "Impeach Him" buttons at the Howard Avenue market for about a half-hour without a permit, lay down on the pavement after Montgomery County police asked him to come with them. After McConnell failed to respond to a request that he "please stand up," four officers each grabbed one of his limbs and carried him to the front seat of a squad car.

Kensington Mayor Peter Fosselman said previously that he would order McConnell's arrest if he showed up yesterday at the market. Fosselman could not be reached for comment yesterday. Montgomery County police Lt. Frank Stone said he didn't know who tipped off police that McConnell was at the market. Stone said McConnell could face a maximum 90 days in jail and a $500 fine if convicted.

A crowd of about 40 McConnell supporters chanted "free speech" and booed the arrest. But others said their objections to McConnell's activities had nothing to do with granting him his political voice -- they simply think that he bothers customers by aggressively selling non-farmers-market products.

more . . . http://www.washingtonpost.com/wp-dyn/content/article/2007/07/21/AR2007072101235.html

[NYCGirl]

1. Sounds like he was arrested for not having a permit. NT

[proud2BlibKansan]

3. He was on the sidewalk and didn't have a booth at the market

The lady who runs the market decided he was 'interfering' with her market.

[NYCGirl]

6. In NYC you can't sell things on the street without a permit. People try, but

the cops will show up eventually, shut you down and confiscate your merchandise.

[proud2BlibKansan]

This didn't happen in NYC

[NYCGirl]

I know, but other cities may have the same laws. NT

[proud2BlibKansan]

15. The manager of the market has been after him all summer

But it seems like her jurisdiction would be IN the market, not on the sidewalk.

[mondo joe]

33. And according to her he is harassing market customers. I'd expect her to do whatever

is within her ability to stop him from doing that.

[proud2BlibKansan]

39. She can't regulate what he does on public property

[mondo joe]

42. Of course not - but she can report him for other violations.

And apparently, she did.

[proud2BlibKansan]

47. Because she disagrees with his politics

This is no different from people being arrested for wearing anti-bush t-shirts at his speaking events.

[mondo joe]

70. I have no idea if she disagrees with his politics or not. She said the

issue was that he was bothering customers.

[proud2BlibKansan]

72. Watch the video and explain to me how he is bothering customers

[mondo joe]

73. Unless te video covers the whole period he was there, I don't see how it

can be used to assess what happened.

[Stephanie]

19. Yes you can, if it is protected speech under the First Amendment

That's why you see artists selling their work outside the museums without permits, and why none of the booksellers need permits, and why Union Sq is full of folks selling buttons and political t-shirts and art without permits. If they created it, it is their free speech.

[NYCGirl]

22. I'd bet they check with the stores they're in front of or with the Greenmarket

people. And I'll bet many of them have permits.

[Stephanie]

24. Not true.

Check it out for yourself. Walk down 52nd near MoMA. They must legally be a certain distance from the buildings. But they are not required to get permits. Nor am I required to get a permit to collect petition signatures, or hand out literature. Nor is a bookseller required. Political buttons are protected free speech under the First Amendment.

http://streetvendor.netfirms.com/public_html/staticpages/index.php?page=20050521160839944#q3

3. What about First Amendment vendors?

Under the First Amendment, people who sell newspapers, magazines, cd’s, books and art on the street may do so without a vending license. However, you still must abide by the city’s many restrictions on where you put your table ("Is My Spot Legal?" pdf), and there are many streets where you cannot vend at all (Street Restrctions pdf). You must also abide by the New York State tax law by getting a tax ID (“certificate of authority”) and by collecting and paying sales taxes on what you sell.

[NYCGirl]

26. So there are rules by which one must abide. Here's more things the cops

can ticket you for:

Among the violations New York City street vendors can be ticketed for:

- Selling on sidewalks less than 12 feet wide.

- Stand or goods touching or leaning against a building or display window or within 20 feet of a store entrance.

- Vending within 20 feet of sidewalk cafes or within 5 feet of bus shelters, newsstands, public telephones or disabled access ramps.

- Vending near fire hydrants or in safety zones.

- Failure to keep daily receipts.

- Failure to display prices or offer receipts.

Source: Environmental Control Board for New York City

http://www.usatoday.com/news/nation/2006-10-15-nyc-vendors_x.htm

Thanks for the info, Stephanie!

[proud2BlibKansan]

29. Issuing a ticket is one thing

Handcuffing and arresting is another thing entirely.

[GOTV]

32. You usually have to have a license but often, if no one complains, you're left alone...

... in this case someone complained and the police had to enforce the law.

[liberaldemocrat7]

80. The reason? Because stores don't want competition. So much for free market Republicans.

Free market really means rigged markets for Republicans.

[MidwestTransplant]

14. He should raise money online then give the buttons away.

[proud2BlibKansan]

16. He sells the buttons for a dollar

and uses the proceeds to make yard signs, which he does give away.

I met him in DC in June. Neat guy.

[IA_Seth]

60. You'd have to have a 'peddlers license' in my town...

Not saying this is the case for him, perhaps not, but if he was selling without a permit it doesn't matter if we like his ideas or not, he is going to be charged.

[proud2BlibKansan]

62. I think handcuffing and arresting him was a bit over the top

But that's just me I guess.

[IA_Seth]

63. he didnt give the officers the opportunity...

He could have complied with the officers demands to stop selling there (if he did in fact need a permit), but if he instead laid down and refused to move he would not only get his selling without a permit ticket but also an interfering with official acts....

He should get a permit and go back to selling his buttons. Making a scene where he is in the wrong is silly.

[MidwestTransplant]

68. My point is he wouldn't need a permit to give them away.

[panader0]

4. Yeah, at our local flea market/swap meet, you must pay a small

fee to be a vendor. I'm sure the fee is less than $500.00

[zehnkatzen]

9. You've a Point there...

We just had an incident here in Portland where a church group took it upon itself to feed homeless men in a place where doing such a thing is allowed but once a year. There are probably plenty of places in Portland to do that; they just found a visible place.

If this country is as big on Christian charity as religious rightists like to brag, there shouldn't be any trouble finding a more suitable place. There's also plenty of charity work already going in Portland that they can join in on.

It may not seem fair in the main (though I applaud his sentiment) but Farmer's Markets are marketable attractions, they realize this, and they do everything they can to make them a place where people who are looking for products without being hassled by someone. I'll bet there are plenty of other places where that fella could have done that and not gotten a bit of hassle (at least I hope so).

It's ironic but true–addressing people on a political subject when the milieu isn't political can sometimes alienate more people that will gain you supporters. So it goes.

[beyurslf]

2. Well he wasn't following the rules of selling at the market. I don't see how the police would have

had much choice in the matter. I am sure that isn't a popular thing to say here.
But, if he sold buttons that said "Support Bush or Aide the Enemy" would we be so quick to dismiss the rules or the Market?

[theredpen]

7. I agree

It sounds like he was disrupting the market. I agree with his sentiments and I'm pretty angry, too, but disrupting the activities of people who might otherwise support you isn't doing any good. It's not as if this were civil disobedience, the button seller had nothing against the farmers' market.

[proud2BlibKansan]

11. Watch the video:

http://video.google.com/videoplay?docid=-2405554419320847487&q=Alan+McConnell&total=145&start=0&num=10&so=0&type=search&plindex=2

[beyurslf]

83. He did a great job of laying there when they wanted to pick him up.

Went totally limp and made them use 4 guys. I do have to wonder why the police weren't arresting anyone else who was there protesting. You see several people there with signs and other things. Maybe we missed something?

[proud2BlibKansan]

10. Here's the video:

http://video.google.com/videoplay?docid=-2405554419320847487&q=Alan+McConnell&total=145&start=0&num=10&so=0&type=search&plindex=2

From what I understand, he was not IN the market but on the sidewalk. The email I got from a friend who lives in the area said that the manager of the market has been trying for weeks to get him to go away, as she is a republican and supports bush.

[devilgrrl]

5. ....

delete

[aquart]

8. I want one of those buttons.

At the Union Square Greenmarket, button sellers are outside the market area. And there are lots of them.

[NYCGirl]

12. There's a guy set up every day on 23rd and 6th. I bet he has a city permit! NT

[Gold Metal Flake]

13. Another false-flag operation?

Guy acts like an asshole, creates a situation where it is virtually guaranteed that a confrontation with authorities will take place, when that confrontation occurs, asshole puts on a show to attract as much attention as possible, the implication to onlookers is "left wing loony".

Did he happen to have a portapotty with him? That would be the smoking gun.

On edit: proud2Blib sez he was not on grounds of the market, but nearby. Still sounds fishy, though.

[proud2BlibKansan]

18. He isn't an asshole

Watch the video

http://video.google.com/videoplay?docid=-2405554419320847487&q=Alan+McConnell&total=145&start=0&num=10&so=0&type=search&plindex=2

[Gold Metal Flake]

23. OK, (slipping tin hat off)...

Damn, vid is 20 minutes! Watching now. Does this guy have a 'puter? Maybe he's like to hang out on DU and tell us about the arrest and what happens next. I is seen gatting a citation for selling without a license. He disagrees with the authorities to have authority. Perhaps he is well aware he was breaking the law, but considers it good, old-fashioned civil disobedience. That would be fine, if we are gonna be honest about it. "I know it's against the rooolz, I don't care" is something I can understand. But I think it has been presented here as inocent guy beaten down by the man. Not sure I agree with that.

The Neil Young music is way over the top. But the bullet proof vest on the one cop is adorable!

[proud2BlibKansan]

27. I met him in DC in June

He is actually a very sweet man. And while I understand the need for a permit, it sounds like the manager of the market would not have given him a permit in the first place. Also, arresting him is a bit over the top.

[L. Coyote]

17. Can we Impeach Kensington Mayor Peter Fosselman?

[OPERATIONMINDCRIME]

20. He Got Arrested For Not Following Instructions And Trespassing. He Was Arrested Legitimately.

Had nothing to do with his buttons. It had to do with his not getting a permit, being a disruption to the market, ignoring the mayor's warning, and refusing to listen to the orders of the officers. Generally, if you do such things, finding yourself arrested shouldn't be much of a surprise.

[Stephanie]

21. It's protected speech under the First Amendment.

But I wouldn't expect YOU to care about a silly inconvenience like the U.S. Constitution.

[OPERATIONMINDCRIME]

28. Are You Nuts? Selling Things Without Permits Is Protected Under The Constitution Now Ralph?

Oh I just LOVE the armchair constitutional experts on DU. Always so good for a laugh!

Thanks Ralph! :rofl:

[proud2BlibKansan]

35. Yes, he was on public property

Some of us armchair experts have quite a bit of experience with this public property protest thing.

[mondo joe]

40. Even the ACLU - of which I am a proud member - acknowledges limitations

on use of public space.

http://www.aclu-wa.org/detail.cfm?id=76

Sale of Literature and Buttons
The sale of religious and political literature and buttons is protected by the First Amendment, subject to reasonable time, place and manner restrictions5. For example, the government may restrict the sale of literature or buttons to areas where pedestrian traffic is not obstructed. A table can be used to sell or distribute books or buttons.

A direct request for money, unlike a sale, is more strictly regulated in order to prevent fraud. The law requires advance registration in certain instances6. If you seek to raise money for your group by asking for donations, check with the Secretary of State's office to determine whether you must register.

[OPERATIONMINDCRIME]

49. No, It Isn't. A Consitutional Scholar Would Laugh In Your Face For Declaring Such.

What I always love about these stories more than anything else, is that the protester involved always had an already FIRM intention to risk or attempt arrest. Then when it occurs, it's all this poor guy poor guy bullshit.

He knew what he was doing and accepted the risks or outcomes. The cops did what they were supposed to do in that situation, especially after he refused to listen to their requests. He got arrested cause he wanted to. I'm supposed to berate the cops for that??? No thanks.

[Stephanie]

56. Oh Ralph, Ralph, Ralph...

Why Do You Hate America???

[OPERATIONMINDCRIME]

75. I Don't Hate America. I Just Hate Ignoramuses. n/t

[Stephanie]

54. He's a protected "First Amendment" vendor.

I just LOVE the armchair fascists on DU. And I bet you tell people you're a Libertarian! :rofl:


http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1408592&mesg_id=1408807

[OPERATIONMINDCRIME]

58. A Pin Is Not Free Speech. It Is Merchandise.

Art is an expression of free speech, a pin is not. Furthermore, is he registered with a tax id number? Inquiring minds want to know.

[Stephanie]

61. Wrong. It's protected political speech.

Much like what you exercise here, in your fashion.

[IA_Seth]

64. If it is free it would be political speech...

If I charge you a buck for my thoughts, its merchandise.

[Stephanie]

66. seriously incorrect

look up "First Amendment vendors"

[OPERATIONMINDCRIME]

65. Cause You Say So? That's Rich!

:rofl: :rofl: :rofl:

Oh yeah, does he have a registered tax i.d. number? Please don't avoid that question just cause you may not like its answer LOL

[Stephanie]

I dont' know any more than you do, but he'd be subject to a ticket, not arrest

[mondo joe]

30. I don't think that's necessarily so.

If he's trying to sell a product on the Market premises and without proper approval, it looks to me like a commercial matter rather a free speech issue.

[tyedyeto]

37. He was NOT on the market premises n/t

[Sanctified]

46. In the video it appears that he is on the premises.

n/t

[proud2BlibKansan]

48. I don't see that

I have watched it several times now and it looks like he is in a parking lot and there is a visible barrier between where he is and the market.

[Sanctified]

51. Most farmer markets take place in a Parking Lot.

And there are several shots of him with a booth about 15 feet away and nothing between him and the booth.

[Stephanie]

55. wrong

look up "First Amendment vendors"

[mondo joe]

69. I looked it up.

Is there something particular you were thinking of?

[OPERATIONMINDCRIME]

76. You Keep Saying Wrong Even Though You're Wrong On The Law.

Tell me, is the pin a book? Is it a magazine? Is it a CD? Is it art? Doesn't your own paste above even serve to contradict your argument? Didn't it even contradict it further by stating he'd need a tax id number, yet it is likely he doesn't have one? What exactly are you basing your argument on, if the links you've even provided do not cover the merchandise this man was selling? Why are you getting so defensive and attacking towards others and telling them they're wrong, when you have no evidence you are right?

Way I see it, based on your misguided interpretation of first amendment vendors, all ANYONE has to do is put in small letters "I like this merchandise" on the back, and it would fall into the first amendment vendor clause. How monumentally silly.

But keep arguing away thinking you're right. But no court of law's gonna agree with you Ralph. :hi:

[proud2BlibKansan]

34. I guess issuing a ticket wouldn't be enough, eh?

Gotta handcuff and arrest these button sellers!

You are also going to have to work pretty hard to convince me that this man does NOT have free speech and/or assembly rights in this situation.

I will put money on his case being thrown out. That is what is happening in DC to many of the Code Pinkers who are being arrested for 'disrupting' hearings and committee meetings. The judges are throwing out their cases.

[proud2BlibKansan]

41. How was he a disruption?

If the manager of the market doesn't like vegetables, does she have the right to arrest the farmers for selling them?

[OPERATIONMINDCRIME]

45. Sounds Like He Was Very Aggressive In His Tactics And Getting In People's Faces.

I'd say that's disruptive.

[proud2BlibKansan]

50. Did you watch the video?

He isn't getting in anyone's face.

[BlooInBloo]

25. If the impeachment message was his primary aim, he could've given them away....

... (they're incredibly cheap, aren't they)?

If the business side of it was his primary aim, he could've gotten a permit (they're incredibly easy to get, aren't they?).

So I would guess that he simply wanted publicity, and wanted see the false-ish headlines that he was arrested "for selling impeachment buttons".

[proud2BlibKansan]

38. He sells the buttons to pay for the yard signs he does give away

Pesky little facts get in the way of your argument.

[evlbstrd]

31. Isn't this the guy we bought ours from?

[proud2BlibKansan]

43. Yes

Rowdy and disruptive guy, wasn't he?

[evlbstrd]

52. If, by rowdy and disruptive you mean

quietly standing on the sidewalk (public property), then wrestle the rabble rouser to the ground!

[proud2BlibKansan]

53. And like the other poster said, taser him!

[evlbstrd]

71. Seems reasonable.

Let the punishment fit the crime.

[Catherine Vincent]

36. I'm surprised they didn't taser the 74 year old. n/t

[me b zola]

78. Some of the authoritarians in this thread sound as though they would like to taser him themselves

The message is, OBEY!

[Javaman]

44. "non-farmers-market products"...

yeah the new havens for the neo-yuppie-metrosexual-wanna-be-green-and-not-be-bothered-by-world-events-controversies-or-otherwise-unclean-homeless-people.

Yeah, farmers markets are for food only! :eyes:

This is why I prefer CSA's. some farmers markets in my area have become parodies of themselves. The last thing some of them sell are veggies, let alone organic veggies.

so their argument falls flat.

to me caring about the environment goes hand in hand with understanding our failed government*.

but what do I know?

[mondo joe]

77. Now farmer's markets are the enemy?

Jeeez.

[Javaman]

82. no they aren't it's the dolts that think of them as being a place to be

"seen" rather then going there to support them and creating a local source of food.

Farmers markets to me should be a community gathering place were not just food is sold but a place that should be part of the free exchange of ideas, not a place were the yuppified can have yet another layer between them and the real world.

but then again, I live in Austin and our farmers markets are just that, farmers straight from the field and a market that showcases only local crafts and local voices, good or bad.

[Ian David]

57. Just sell each button with a fresh tomato! Problem solved! Everyone wins! n/t

[OmmmSweetOmmm]

59. I wonder if he tried selling them on eBay like this person?

http://cgi.ebay.com/1-Impeach-George-Bush-Democrat-Anti-Button-Pin-Magnet_W0QQitemZ250144598292QQihZ015QQcategoryZ2036QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

[Madspirit]

67. k&r...n/t

[Madspirit]

74. Maybe

Maybe he should have gotten a permit if that is the rule. That said, I see NO NEED FOR THE FUCKING POLICE TO MANHANDLE A 74 YEAR OLD.

There is more than one issue here. If ANYONE AT ANY TIME selling at that market or near it, is required to have a permit, well, so be it. The police tactics are a separate issue. Four cops to take down a 74 year old man, is ridiculous. In the video he doesn't seem aggressive to me. If I were him, I would get a friend to do the same thing with some pro-Bush buttons and see what happens. I would do that.

An aside but an example. We have a black friend, well-off, who was hanging at the airport waiting for someone. He was dressed in a hip and modern cool Texas way. A casual sport jacket over nice shirt, nice jeans, boots and a hat. The police detained him FOR HOURS, claiming he fit the profile of a drug dealer. After they were through hassling him, he went and gave his clothes to a white friend who went to the airport and HUNG ALL DAY AND NEVER ONCE GOT BOTHERED. NOT ONE FUCKING TIME, IN THE EXACT SAME CLOTHES.

So, that is what I would do. I would wait a week or so. I would get a friend with the stomach for it to go to the market and sell Bush buttons and see what happens. In law, precedence counts, regardless of rules about permits.

Lee

[Babsbrain]

79. What a disgusting country

I hope everyone around the world sees this.

[lies and propaganda]

81. no permit...

sorry, but as an artist who does a lot of outdoor stuff, this is why he got popped.

Im sure his message prompted them a little faster, but nonetheless, you must have a permit.